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Developmentally Delayed Offenders and the Legal
System
Sex-offenders with developmental disabilities,
specifically Mental Retardation, often fall between the cracks of the legal- as
well as most therapeutic- systems. Jails and prisons don't know what to do with
them since they often become the target of abuse and exploitation once
incarcerated, and treatment programs, unless specialized, often fail to meet
the special needs of this population.
Mentally Retarded individuals do
not have the same (appropriate) sexual opportunities, intimacy skills and other
interpersonal skills generally necessary in order to develop meaningful sexual
relationships. This may predispose them to committing sexual offenses since, in
contrast to popular belief, Mentally Retarded individuals have similar sexual
needs and desires as the rest of us folks. There is an increased likelihood of
them getting caught since many of them don't possess the sophistication of
"hiding their tracks".
When an individual enters the legal system by
committing a felony charge, if a Mental Disability is detected or suspected,
the court will be petitioned for a series of evaluations. The following diagram
outlines the possible course of actions. Note that in order for a person to
become eligible for State services under the Department of Children and
Families, one not only must be found Mentally Retarded, but Incompetent to
Stand Trial as well.
| DEFENDANT IS CHARGED WITH A FELONY |
DEFENDANT'S SUPSPECTED MENTAL
CONDITION IS
MR OR AUTISM |
COURT APPOINTS 2 EXPERTS TO EVALUATE:
1:
DEFENDANT MEETS CRITERIA OF MR OR AUTISM
2: DEFENDANT IS INCOMPETENT TO
PROCEED F.S 916.301 |
| DEFENDANT MEETS CONDITIONS?? |
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| DEFENDANT PROCEEDS TO TRIAL
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| COURT APPOINTED EXPERTS DETERMINE
TRAINING NEED F.S.916.3012(4) |
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DEFENDANT COMMITTED TO THE DEPARTMENT OF
CHILDREN AND FAMILIES FOR COMPETENCY TRAINING FOR A MAXIMUM OF TWO YEARS. F.S.
916.302
(FLORIDA STATE HOSPITAL) |
| DEFENDANT REMAINS INCOMPETENT TO PROCEED? |
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| DEFENDANT RETURNS TO JAIL
AND PROCEEDS TO TRIAL |
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| CHARGES ARE DISMISSED F.S.916.303(1)
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| DEFENDANT INVOLUNTARILY ADMITTED BY THE
COMMITTING COURT TO RESIDENTIAL SERVICES F.S.916.302(2)(a) F.S. 916.3025(3)
ref.:F.S.393.11 |
| COURT DECIDES WHETHER PLACEMENT IS TO SECURE
OR NON-SECURE BASED ON RECOMMENDATION OF PANEL OF EXPERTS. F.S 916.302(b)
F.S.304(1) F.S.3025(1) |
SECURE PLACEMENT:F.S.916.302(2)(d)
- Annual Review to the court
- Annual hearing to determine whether defendant continues
to meet criteria for:
- involuntary admission to residential services
- whether defendant still requires secure
placement
- whether defendant is receiving adequate care,
treatment, habilitation and rehabilitation.
- Placement at secure facility cannot exceed the maximum
sentence for the crime the defendant was charged.
- Department may transfer the defendant from secure to
non-secure with 30 days notice to the court unless written objections are
received from the court.
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SECURE OR NON-SECURE
Forensic residential services can
petition the court for CONDITIONAL RELEASE to a non-forensic facility for
community based training. |
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Information & Referral